“House Arrest” vs “jail”- How Are They Different?

House arrest and jail are often used for pre-trials, pre-sentencing, or post-sentencing. House arrest means confinement at home, while a jail sentence means confinement in a county jail facility. Judges choose either of the two options, depending on the facts of your case and your criminal history. However, not everyone can qualify for house arrest. The court must consider some factors before sentencing you to house arrest, including the condition of your home, the people you live with, and the nature of your crime. Although house arrest seems more lenient than jail, you could be subjected to strict conditions based on the details of your case.

Consult a qualified criminal defense attorney to fully understand the legal implications and procedural requirements of house arrest and jail. They will help you know what to expect. They can also help you fight for one over the other if there is a provision for that.

An Overview of House Arrest or Home Confinement

House arrest means being confined at home instead of jail or prison. It is very different from confinement in jail, whereby you have minimal interactions with the outside world, including your family, until you complete your sentence. House arrest is only available in California under specific conditions, including being a low-risk, nonviolent offender. You are also expected to pay for the associated program, although you could be eligible for financial assistance or a waiver if you are unable to pay.

A judge can sentence you to house arrest or home detention rather than prison or jail. Being confined at home means you lose certain privileges and freedoms in adherence to the strict conditions the judge will set during sentencing. For example, you must remain home and wear an ankle bracelet or an electronic tracking device to ensure you cannot leave against the conditions of your confinement. The device monitors your movement 24/7. The judge sets other strict conditions of your confinement, including limited visitations, a strict curfew, and approved absences. Understanding all these before accepting this confinement is essential to avoid its severe consequences.

When a judge sentences you to house arrest, they expect you to abide by all the strict terms and conditions the court sets until the end of your confinement. Violating these conditions is a severe offense that can result in a re-arrest, the revocation of your confinement, and a jail or prison sentence (depending on the severity of the underlying offense).

However, being under house arrest does not necessarily mean staying inside one room daily without doing anything. You can move about or leave your home, depending on the condition of your confinement. However, the court must approve your movement beforehand. If there is a scheduled doctor’s appointment or a school meeting, you should communicate this with the court beforehand. Additionally, the judge will set a curfew, stipulating the exact time you must remain indoors, essentially at night.

You may still qualify for house arrest if you maintain regular employment, as long as your work schedule is approved by the court. The court will approve your shift hours before sending you home to start your confinement. You should return home immediately after your shift to continue the sentence. If you wish to engage in activities outside your approved schedule, you must submit a request to the court or probation officer for approval. However, this can be done through supervision to ensure you meet all the other terms of your confinement.

House arrest is often preferred over jail or prison due to the comfort and familiarity of a home environment. You can also do more than serve your sentence while on house arrest. If you are eligible for house arrest based on the details of your case and your criminal history, a skilled attorney can get you into it. However, you must abide by all the terms and conditions to avoid a revocation, which will result in prison or jail confinement.

How House Arrest Differs From Jail

The primary difference between jail and house arrest is that house arrest means being detained at home, while jail means being detained behind bars. This main difference results in several other differences in the privileges and freedoms you do not lose while on house arrest, which you lose if detained in jail. Examples include the following:

• You can see and be with your family while on house arrest
• You work or run a business to earn a living for you and your family
• You can continue schooling, which you cannot do while in jail
• You can attend church or other religious services
• You can freely seek treatment when sick or keep up with your doctor’s appointments
• You can perform all community services required according to your sentence

Jail confinement restricts your movement and interactions with the outside world. It also limits some of your rights, making life difficult for you and your loved ones. For example, the judge can modify the conditions of your house arrest to allow your family and friends to visit occasionally. This is different from jail confinement, whereby visitation is limited.

However, house arrest comes at a cost, which you must pay to ensure round-the-clock surveillance as you serve your sentence. You must pay all the associated costs of the monitoring device, which you must wear around the clock, whether at home or outside. The total cost includes an upfront fee for setting up the surveillance device. After that, you will pay a fee for daily monitoring and surveillance at a predetermined rate. The setup fee can be more than $100, depending on your location, and the daily fee can be up to $50. The cost can be more than most individuals and families can afford, making house arrest inaccessible.

Additionally, you could be eligible for limited or zero good time credits if you are on house arrest. Good time credit is mainly available for those serving sentences in prisons or jails. For example, if you are sentenced to six months in jail, the court can release you before the six months are up if you have accumulated enough time credits for good behavior. This option is generally not available for those serving house arrest. You must complete the required time for the court to release you from home confinement.

Your skilled attorney will ensure you know all this beforehand to help you decide whether to accept or fight for house arrest or just serve your time in jail.

Eligibility for House Arrest

House arrest is mainly available for nonviolent offenders. However, you have to meet other criteria, like being able to pay for daily monitoring, for the court to sentence you to house arrest instead of jail. Crimes eligible for house arrest include low-level misdemeanors. You are also likely to face a house arrest sentence if you are a first-time offender instead of a repeat offender. Judges can determine your sentence based on the details of your case and your criminal history.

Here are the primary factors judges consider when determining eligibility for house arrest when choosing to sentence you to house arrest or jail for a non-violent misdemeanor:

• Your criminal history
• Age
• The specifics of your current charges
• If you are a flight risk
• If there is a history of drug or substance abuse in your record
• Your family situation, especially if there are family members you must care for, like a child or an elderly
• Your employment situation
• If you are engaged in your community

Your attorney can also use the above factors to convince the court to sentence you to house arrest instead of jail. However, there are circumstances when house arrest is the only option, especially for these crimes:

• White-collar crimes, such as forgery, credit card theft, and identity theft
• Fraud-related crimes like check and insurance fraud
• Petty theft crimes, as defined under PC 484
• DUI offenses as defined under VC 23152

If you face charges for a grave or violent crime like battery or assault, you will be ineligible for house arrest.

How House Arrest Works in California

Judges use house arrest at various stages in a criminal process. It can be used as a pre-trial release option, whereby you must remain in confinement until a court hears and determines your case. You must abide by the conditions set for the confinement by the judge to avoid facing harsh consequences or compromising your legal situation further.

Judges also use house arrest in place of jail time during sentencing. In this case, you must meet the eligibility criteria for house arrest. You must also abide by the set conditions to avoid a re-arrest and the revocation of home confinement.

House arrest can be part of probation in California. If you are found guilty of a nonviolent misdemeanor and are about to be sentenced to jail, you can ask the court, through your attorney, for house arrest instead of jail time. The judge will have the probation department consider your request and make their recommendations to the court before the judge makes the final decision. The department will consider, among other things, the conditions of your home, your work schedule, and other responsibilities to approve or deny your request.

If the department recommends house arrest to the court, or the court grants your petition, you will be required to wear a GPS monitoring device. The device comes mainly as an ankle monitoring device that you must wear 24/7. It will transmit your location 24/7. If you must be in certain places other than your home, for example, to work or go to school, you must provide this information to the department beforehand. Any changes to your usual routine must also be communicated to the department beforehand so it can approve them before you engage in them.

If you must run certain errands, you should communicate this to the department. The probation department can assign a probation officer to go with you on those trips. This ensures strict adherence to the judge's terms and conditions for house arrest during sentencing.

Generally, here are some of the terms and conditions you will likely receive if sentenced to house arrest:

• You must remain at your court-approved residence throughout the period of home detention, unless granted specific exceptions, throughout your probation, unless under specific exceptions
• You must wear an electronic tracking device throughout that period to ensure compliance with the sentencing restrictions.
• All absences must be pre-approved by the court
• You should regularly report your progress to a probation officer
• Your visitors will be generally restricted, and permission is needed before having any guests
• You must adhere to a particular curfew throughout the probation period
• The court can provide restrictions on the use of drugs or weapons
• You could be required to complete specific hours of community service

Violating any set conditions of a house arrest in California is treated like a probation violation. The probation department must report the violation to the judge, who will hold a hearing to determine the circumstances and consequences of the violation. The outcome of this probation violation hearing will determine the course of action the judge will take. Here are the three possible outcomes:

• The judge can reinstate the house arrest under the same conditions, but with a stern warning against further violations.
• The judge can reinstate the house arrest, but with new terms and conditions, which are probably stricter than the previous conditions.

The judge can revoke house arrest and sentence you to prison or jail for the required time for the offense under the law.

Find an Experienced Criminal Attorney Near Me

You could be sentenced to house arrest or jail if you face non-violent misdemeanor charges in Los Angeles. House arrest offers more freedom and flexibility, since you can work, care for your loved ones, and receive visitors while serving your sentence. The judge can choose this sentence, or you can ask for house arrest through your attorney. You must be eligible for the court to grant your request.

At the Law Offices of Jonathan Franklin, we understand how difficult a jail sentence can be. Although you can serve less time than required due to good time credit, your freedom and rights are highly restricted. We can help you fight for house arrest to continue caring for your loved ones, working, or schooling. We will explain what it entails, its benefits, and its disadvantages to help you make an informed decision. Call us at 310-273-9600 to learn more about your sentencing options and our services.